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Resolution Processes for Alleged Violations of Policy on Equal Opportunity, Harassment, and Nondiscrimination

The resolution processes described below apply to all allegations of discrimination on the basis of an actual or perceived protected characteristic, as defined in the College’s policy EQUAL OPPORTUNITY, HARASSMENT, AND NONDISCRIMINATION POLICY FOR ALL FACULTY, STUDENTS, EMPLOYEES, AND THIRD PARTIES (referred to below as “Nondiscrimination Policy” or “Policy”). These processes apply to incidents involving students, staff, administrators, faculty members, or third parties that occur after August 1, 2024.1

The College offers three (3) alternative paths for resolving a complaint, which are described in detail in Section 9. They are, in brief:

  • Supportive and Remedial Response: The Complainant requests that the Respondent not be notified of the concern; the College provides Supportive Measures to the Complainant and implements Remedial Measures if deemed necessary and appropriate. 
  • Informal Resolution Process: The Complainant requests that the College notify the Respondent of the allegations and invite both Parties to participate in a facilitated dispute resolution process, which may take one of three forms described in Section 9. This process does not involve an investigation; instead, the goal is to reach an agreed-upon resolution and remedy. Both Parties must agree to participate and can withdraw from the informal process at any time. If the process is ineffective, the Complainant may elect an Administrative Resolution Process. 
  • Administrative Resolution Process: The Complainant requests a formal investigation. Both Parties receive the same procedural rights and protections. At the end of the process, the College determines whether a Policy violation occurred and, if so, implements proportionate sanctions.

Sections 1 through 8 describe the steps the College will take upon receiving information about an alleged Nondiscrimination Policy violation. Section 9 describes in detail the three paths for reaching resolution introduced above (“Paths to Resolution”). 

The Paths to Resolution will be managed by the Executive Dir. of Equal Opportunity Programs (“E.D. of EOP”)/ Title IX Coordinator, in consultation with the Chief Human Resource Officer, V.P./Dean of Students or V.P/Academic Dean as appropriate.

  • Marcie Vaughan, E.D. of EOP/Title IX Coordinator
  • Molly McKean, Chief Human Resource Office and Deputy Title IX Coordinator
  • Dr. Susan Gabert, Vice President for Student Development & Mission and Dean of Students
  • Dr. Mark Cronin, Associate Vice President for Academic Affairs and Academic Dean

 

1. INITIAL RESPONSE TO NOTICE OF POTENTIAL POLICY VIOLATION 

We will promptly respond to notice of an alleged Nondiscrimination Policy violation by contacting the impacted individual(s) to offer and coordinate Supportive Measures for the Complainant and, if applicable, Respondent. We will provide the Complainant, or the person who reported the allegation(s), information about the College’s resolution options; a list of trained Resolution Advisors; contact information for law enforcement and other off-campus remedies; and information about on and off-campus Confidential Resources and supportive services including but not limited to The Harbor. 

“Notice” of an alleged or potential Policy violation is any  oral or written information reported  to, or otherwise made known to, a College employee that may trigger the Nondiscrimination Policy, except when such information is disclosed only to a Confidential Employee.

 

2. INITIAL EVALUATION

We will conduct an Initial Evaluation of allegations, typically within seven (7) business days of receiving a Report/Notice about an alleged Nondiscrimination Policy violation. 

At no time will a Complainant be required to submit a formal, written signed document describing their allegations. The Complainant will, however, be asked to explain the allegations, orally or in writing, for the purpose of the Initial Evaluation and, as necessary or if elected, resolution processes. We will help Complainant connect to supportive resources on and off campus, as needed, including The Harbor and Counseling Center.

The Initial Evaluation typically includes:

  • Assessing whether the reported conduct may reasonably constitute a violation of the Nondiscrimination Policy and, where it would not, referring the matter to another process if applicable. 
  • Determining whether the College has jurisdiction over the reported conduct, as defined in the Policy.
  • Determining whether the Complainant prefers a Supportive/Remedial Response, or, wishes instead to access an Informal Resolution or Administrative Resolution process by making Complaint. 

The Complainant need not immediately decide which course of action they wish to take. It may be useful at this stage for a Complainant to consult with a Resolution Advisor, as further described below.

The College will seek to abide by the wishes of the Complainant with respect to next steps. However, in limited situations, the College’s analysis of the situation may require an alternative approach. If the Complainant does not wish to initiate a resolution process by making a Complaint, the College is obligated to evaluate whether it must initiate a Complaint on behalf of the College. The following non-exhaustive factors will be considered:

  • The Complainant’s request not to proceed with initiation of a Complaint;
  • The Complainant’s reasonable safety concerns regarding initiation of a Complaint;
  • The risk that additional acts of discriminatory conduct would occur if a Complaint is not initiated;
  • The severity of the alleged discrimination, including whether the discrimination, if established, would require the removal of a Respondent from campus or imposition of another disciplinary sanction to end the discrimination and prevent recurrence;
  • The scope of the alleged discrimination, including information suggesting a pattern, ongoing discrimination, or discrimination alleged to have impacted multiple individuals;
  • The availability of evidence to assist the College in determining whether discrimination occurred; 
  • Whether the College could end the alleged discrimination and prevent recurrence without initiating an Informal or Administrative Resolution process.

In situations where the College is required to act, the Complainant will be consulted and informed before any action is taken. Please note that where there is an imminent risk of physical harm, or if a Complainant reports being a victim of sexual violence and is a minor, the College must contact law enforcement.

 

3. RESOLUTION ADVISORS 

The Parties may each have an Advisor of their choice present with them for all Resolution Process meetings, including the Initial Evaluation. The Parties may select whomever they wish to serve as their Advisor, as long as the Advisor is eligible and available. Because these policies and procedures are complicated and apply to difficult decisions, the Title IX office will provide both Parties a roster of trained Resolution Advisors and offer to help them select one. 

The College cannot guarantee equal Advisory rights, meaning that if one Party selects an Advisor who is an attorney, but the other Party does not, or cannot afford an attorney, the College is not obligated to provide an attorney to advise that Party.

 

4. COLLATERAL MISCONDUCT

Collateral misconduct includes potential violations of other policies that occur in conjunction with alleged violations of the Nondiscrimination Policy. Collateral allegations closely related to alleged violations of the Nondiscrimination Policy may be resolved jointly under these Processes, at the discretion of the applicable College official(s). All other allegations of misconduct unrelated to incidents covered by the Nondiscrimination Policy will be addressed separately through procedures described in the student, faculty, and staff handbooks.

 

5. DISMISSAL

The College may dismiss a Complaint if, at any time during the investigation or Resolution Process, one or more of the following grounds are met: 

  1. The Respondent cannot be identified;
  2. The College no longer enrolls or employs the Respondent;
  3. A Complainant voluntarily withdraws any or all of the allegations in the Complaint, and the applicable College official declines to initiate a Complaint;
  4. The College determines the conduct alleged in the Complaint would not constitute a Policy violation, if proven.

Upon any dismissal, the College will promptly send the Complainant written notification of the dismissal, including the rationale. If the dismissal occurs after the Respondent has been made aware of the allegations, the Respondent will be notified. 

This dismissal decision is appealable by either Party pursuant to Appeal of Decision to Dismiss process, below.

 

6. APPEAL OF DECISION TO DISMISS A COMPLAINT

The Complainant may appeal a dismissal of their Complaint. The Respondent may also appeal the dismissal of the Complaint if it occurs after the Respondent has been made aware of the allegations. All dismissal appeal requests must be filed in writing with the E.D. of EOP/Title IX Coordinator within three (3) business days of the notification of the dismissal notification. 

The grounds for appealing a dismissal are limited to:

  1. Procedural irregularity related to the dismissal that would change the outcome;
  2. New evidence that would change the outcome and that was not reasonably available when the Complaint was dismissed; 
  3. The E.D. of EOP/Title IX Coordinator or other involved administrator, Investigator, or members of the Decision-Making Panel had a conflict of interest or bias for or against Complainants or Respondents generally or the individual Complainant or Respondent that would change the outcome.

If a dismissal is appealed, the College will notify the Parties in writing. The non-appealing Party will have three (3) business days following that notice to provide a written statement in support of or challenging the dismissal. 

A trained, neutral Dismissal Appeal Officer will be assigned to review the appeal and will typically render a decision within seven (7) business days. If the decision to dismiss the complaint is reversed,  the Dismissal Appeal Officer will provide a written decision and rationale to the Parties. The Complaint will be reinstated. 

Throughout the dismissal appeal process, the College will: 

  • Apply the dismissal appeal procedures equally to the Parties;
  • Ensure that the appeal decision is made by a trained Dismissal Appeal Officer who did not take part in any investigation of the allegations or initial decision to dismiss the Complaint;
  • Provide the Parties a reasonable and equal opportunity to make a statement in support of, or challenging, the dismissal; and
  • Notify the Parties of the result of the appeal and the rationale for the result.

 

7. COUNTER-COMPLAINTS

The College is obligated to ensure that these resolution processes are not abused for retaliatory purposes. Although the College permits the filing of Counter-Complaints, the E.D. of EOP/Title IX Coordinator will use an Initial Evaluation, described above, to assess whether the allegations in a Counter-Complaint are made in good faith. When it is determined that a Counter-Complaint is not made in good faith, it will not be permitted. 

Additionally, if the College finds that a Counter-Complaint was not made in good faith, it will be considered potentially retaliatory and may constitute a violation of the Nondiscrimination Policy.

 

8. CONFIDENTIALITY/PRIVACY

The College will take reasonable steps to protect the privacy of parties and witnesses. The College will not disclose the identity of any individual who has made a Complaint of harassment, discrimination, or retaliation; any Complainant; any individual who has been reported to be the perpetrator of discrimination, harassment, or retaliation; any Respondent; or any witness, except as permitted by, or to fulfill the purposes, of applicable laws and regulations (e.g., Title IX, Title IV, Title VII), Family Educational Rights and Privacy Act (FERPA) and its implementing regulations, or as required by law; including any investigation, or resolution proceeding arising under these policies and procedures.2,3

Parties and Resolution Advisors are prohibited from unauthorized disclosure of information obtained by the College through the resolution process, to the extent that information has been produced, compiled, or written by the College for purposes of its investigation and resolution of a Complaint. Violations may lead to disciplinary action. 

 

9. THREE (3) PATHS TO RESOLUTION

The College offers three (3) alternative Paths to Resolution for Complaints brought under the Nondiscrimination Policy. These alternatives are intended to prioritize the Parties’ preferences; however, the E.D. of EOP/Title IX Coordinator has discretion to determine whether a certain process is or is not appropriate in a given matter. 

All resolution processes are confidential. All individuals present at any time during a resolution process are expected to maintain the confidentiality of the proceedings in accordance with the Section 8, above. 

If it is later determined that a Party or witness intentionally provided false or misleading information, that action could be grounds for re-opening a resolution process at any time, and/or referring that information to another process for resolution.

Sections A through C below describe the three (3) Paths to Resolution. 

 

A. Path One: Supportive/Remedial Resolution

A Supportive/Remedial Resolution is most applicable when the College can resolve a concern informally by providing Supportive Measures (only) to the Complainant that are designed remedy the situation. The appropriate College official will meet with the Complainant to determine reasonable Supportive Measures that are designed to restore or preserve the Complainant’s access to the College’s education program and activity. Such measures can be modified as the Complainant’s needs evolve over time or circumstances change.  See SUPPORTIVE MEASURE POLICY.

When a Complainant selects a Supportive/Remedial Resolution the Responding Party will not be notified of the complaint. This is because the Supportive/Remedial Resolution is designed to support the Complainant and generally does not impact the Respondent. 

If a Complainant elects a Supportive/Remedial Resolution, that decision does not bar their ability to later engage in an Informal or Administrative Resolution, to the extent the conduct at issue continues. 

 

B. Path Two: Informal Resolution 

An Informal Resolution is a process that requires written confirmation that all Parties voluntarily consent to resolve the matter through Informal Resolution. Informal Resolution does not entail an investigation, instead, it focuses on reaching a resolution and remediating harm. 

The individual facilitating an Informal Resolution will be trained and cannot be the Investigator, member of the Decision-Making Panel, or Appeal Decision-Maker. Any Party participating in an Informal Resolution can withdraw from the process at any time prior to its completion and initiate or resume the Administrative Resolution Process.

If a Complainant requests an Informal Resolution, the College will provide notice to the Parties that explains: 

  • The allegations; 
  • A description of the Informal Resolution processes available;
  • That, prior to agreeing to a resolution, any Party has the right to withdraw from the Informal Resolution and to initiate or resume the Administrative Resolution Process (described below); 
  • If the Parties’ agree to a resolution at the conclusion of the Informal Resolution, that means that they may not initiate or resume another resolution process of any kind arising from the same allegations (Supportive Measures will remain available);
  • The potential terms that may be requested or offered in an Informal Resolution agreement, including notification that an Informal Resolution agreement is binding only on the Parties; and
  • What information the College will maintain, and whether and how it could disclose such information for use in its resolution process.

To the extent both Parties voluntarily agree to pursue an Informal Resolution, three (3) Informal Resolution options are potentially available:

1. Educational Conversation. 

The Complainant may request that the E.D. of EOP/Title IX Coordinator address their allegations by meeting (with or without the Complainant) with the Respondent to discuss concerning behavior and institutional policies and expectations. 

Such a conversation is non-disciplinary and non-punitive. Respondent(s) are not required to attend or participate, nor are they compelled to provide any information if they attend. 

In light of an Educational Conversation, or the Respondent’s decision not to take part, the College may implement remedial actions to ensure that policies and expectations are clear and to minimize the risk of recurrence of any behaviors that may not align with the Policy. 

Any Educational Conversation will be documented as the Informal Resolution for the matter. 

2. Accepted Responsibility. 

This Informal Resolution option may be utilized when: (1) a Respondent is willing to accept responsibility for violating the Nondiscrimination Policy and is willing to agree to actions that will be enforced similarly to sanctions, and (2) the Complainant(s) and College are agreeable to the resolution terms. The Respondent’s willingness to accept responsibility will be deemed a mitigating factor.

In these cases, the College will:

  • Determine whether all Parties and the College agree on responsibility, restrictions, sanctions, restorative measures, and/or remedies;
  • Implement the accepted finding that the Respondent is in violation of the Policy;
  • Implement agreed-upon restrictions, with consideration to the Respondent’s willingness to accept responsibility; and
  • Determine whether other remediation is appropriate in coordination with other College officials and administrator(s), as necessary. 

A resolution through Accepted Responsibility is deemed final upon approval by the College and written agreement from both Parties. The agreed-upon sanction(s) or responsive action(s) will then be promptly implemented to effectively stop the harassment or discrimination, prevent recurrence, and remedy the effects of the discriminatory conduct, both on the Complainant and the community. 

This resolution is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of an Informal Resolution, the Administrative Resolution process, described in Section C below, may commence or resume.

3. Alternative Dispute Resolution (“ADR”).  

ADR is an Informal Resolution approach that offers facilitated communication between the Parties aimed at identifying a resolution, including but not limited to mediation, shuttle negotiation, restorative practices, facilitated dialogue, etc., if available. All Parties must consent in writing to the use of an ADR approach, and the Parties may, but are not required to, have direct or indirect contact during an ADR process.

The E.D. of EOP/Title IX Coordinator has the authority to determine whether ADR is available in each case; when it is, the College will tailor an ADR mechanism to best meet the specific needs of the Parties and the nature of the allegations.

The following factors may be considered to assess whether ADR is appropriate and available in each case, or which form of ADR may be most successful for the Parties:

  • Parties’ amenability to ADR;
  • Likelihood of potential resolution, considering any power dynamics between the Parties; 
  • Nature and severity of the alleged misconduct;
  • Parties’ motivation to participate;
  • Civility of the Parties;
  • Results of a violence risk assessment/ongoing risk analysis;
  • Respondent’s disciplinary history;
  • Whether an emergency removal or other interim action is required;
  • Skill of the ADR facilitator with this type of Complaint;
  • Complaint complexity;
  • Emotional investment/capability of the Parties;
  • Rationality of the Parties;
  • Goals of the Parties; and
  • Adequate resources to invest in ADR (e.g., time, staff, etc.).

Agreements reached through an ADR process could include things like an agreement to pursue individual or community remedies, including targeted or broad-based educational programming or training; supported direct conversation or interaction with the Respondent(s); indirect action by the E.D. of EOP/Title IX Coordinator; and other forms of resolution that can be tailored to the needs of the Parties. Some ADR mechanisms will result in an agreed-upon outcome, while others are resolved through dialogue. 

The E.D. of EOP/Title IX Coordinator has the authority to determine whether ADR is successful, to facilitate a resolution that is acceptable to all Parties, and/or to accept the Parties’ proposed resolution, usually through their Advisors, often including terms of confidentiality, release, and non-disparagement. 

The College maintains records of any resolution that is reached and the appropriate College official will notify the Parties of what information is maintained. 

Failure to abide by a signed an ADR Agreement may result in appropriate responsive/disciplinary actions (e.g., dissolution of the Agreement and resumption of the resolution process, referral to the conduct process for failure to comply, application of the enforcement terms of the Agreement, etc.).

If an Informal Resolution is reached through ADR, it is not subject to appeal once all Parties indicate their written agreement to all resolution terms. When the Parties cannot agree on all terms of resolution, the Administrative Resolution Process may commence or resume.

 

C. Path Three: Administrative Resolution Process

The Administrative Resolution Process is used for all Complaints of discrimination, harassment and retaliation under the Nondiscrimination Policy, in situations when Informal Resolution is deemed inappropriate by the College, is not elected by agreement of the Parties or is attempted but unsuccessful. 

The Administrative Resolution Process replaces the College’s former practice of holding live hearings before a Conduct Panel. The Administrative Resolution Process was designed in recognition of community input indicating that live hearings and cross examination are a barrier to community members’ willingness to speak up about conduct that may constitute discrimination. In crafting this Process, the College was mindful to protect the rights of all Parties by, among other things, providing notice, trained Resolution Advisors, equal access to present and challenge evidence including credibility, and robust opportunities for appeal. 

An Administrative Resolution has five (5) steps: (1) Notice; (2) Investigation; (3) Collaborative Evidence Review, facilitated by an Evidence Review Facilitator, (4) Decision-Making and Sanction (if applicable), determined by a three-person Decision Panel and (5) Appeal. The E.D. of EOP/Title IX Coordinator and other applicable administrators; Investigators; Evidence Review Facilitators; Decision Panel members; and Appeal personnel receive annual training in facets of this process relevant to their roles.

This Process includes timelines for certain stages to ensure that the College complies with its duty to respond promptly to complaints. Brief extensions may be granted for good cause at the discretion of the appropriate College official. All Parties will be notified in writing if an extension is granted.

Step One: Notice. At the outset, the Parties will receive a detailed written Notice of Investigation/Allegations (“Notice”). Amendments and updates to the Notice may be made as the investigation progresses and more information becomes available, including addition or dismissal of various allegations. The Notice typically includes:

  • A meaningful summary of all allegations and precise misconduct being alleged;
  • The identity of the involved Parties (if known);
  • The date and location of the alleged incident(s) (if known);
  • The specific policies/offenses implicated;
  • A description of, link to, or copy of the applicable procedures;
  • A statement that the Parties are entitled to an equal opportunity to access the relevant and not otherwise impermissible evidence;
  • The name(s) of the Investigator(s);
  • The right to inform the College of potential conflicts of interest in advance of the interview process;
  • A statement that the College presumes the Respondent is not responsible for the reported misconduct unless and until the evidence supports a different determination;
  • A statement that determinations of responsibility are made at the conclusion of the process and that the Parties will be given an opportunity during the review and comment period to inspect and review all relevant evidence; 
  • A statement that retaliation against any Party or witness is prohibited; 
  • Information about the confidentiality of the process, including that the Parties and their Advisors (if applicable) may not share information created by the College about the case that they obtained through the Resolution Process;
  • A statement that the Parties may have an Advisor of their choice who may accompany them through all steps of the Resolution Process;
  • A statement informing the Parties that the College’s Policy prohibits knowingly making false statements, including knowingly submitting false information during the Resolution Process;
  • Detail on how a Party may request disability accommodations during the Resolution Process;
  • A link to The Harbor and other resources; and
  • An instruction to preserve any evidence that is directly related to the allegations.

The College may consolidate Complaints against more than one Respondent, or by more than one Complainant against one or more Respondents, when the allegations arise from the same facts or circumstances or implicate a pattern, collusion, and/or other shared or similar actions. 

Where a pattern offense is alleged and investigated, the Notice will clearly indicate that individual incidents and a pattern of conduct are being investigated. A pattern may exist and be charged when there is a potential substantial similarity to incidents and where the proof of one could make it more likely that the other(s) occurred, and vice-versa. Patterns may exist based on target selection, similarity of offense, or other factors. 

Step Two: Investigation. All investigations are adequate, thorough, reliable, impartial, prompt, and fair. They involve interviews with all relevant Parties and witnesses, obtaining relevant evidence, and identifying sources of expert information, as necessary. 

Parties/Advisors will be notified in writing in advance of any investigative meeting or interview. All interviews will be recorded and/or transcribed. Following an interview, the Parties will be asked to review a transcript of the recording, or a summary of the interview, and verify its accuracy within five (5) business days. They may submit changes, edits, or clarifications, or waive the right to review and instead verify the contents. If the Parties or witnesses do not respond within five (5) business days, objections to the accuracy of the recording, transcript, or summary will be deemed to have been waived, and no changes will be permitted. 

An investigation generally involves the following steps:

  • Identification of issues and development of a strategic investigation plan, including a witness list, evidence list, intended investigation timeframe, and order of interviews for the Parties and witnesses.
  • Parties who are expected to participate in a meeting or interview will receive written notification of the date, time, and location of the meeting; identification of other expected participants; and the purpose of the meeting or interview. 
  • The College will make good faith efforts to notify each Party of any meeting or interview involving another party, in advance when possible. 
  • Interviews of the Complainant and the Respondent and follow-up interviews with each, as necessary. 
  • Interviews with all available, relevant witnesses and follow-up interviews as necessary.
  • An opportunity for each interviewed Party and witness to review and verify the Investigator’s summary notes (or transcript or recording) of the relevant evidence/testimony from their respective interviews. 
  • An opportunity for each Party to suggest witnesses and questions they wish the Investigator(s) to ask of another Party and/or witnesses. The investigation report will document which questions were asked and include a rationale for any omissions. 
  • The College will act promptly to complete the investigation without unreasonable deviation from the intended timeline.
  • The College will provide the Parties with regular status updates throughout the investigation.
  • Prior to the conclusion of the investigation, the College will provide the Parties and their respective Advisors with a list of the witnesses who provided information that will be used to render a finding.
  • An opportunity for the Parties to provide a list of questions they would like asked of the other Party or any witnesses. The Investigator will ask those questions deemed relevant, and for any question deemed not relevant, will provide a rationale for not asking the question. 
  • A draft investigation report that gathers, assesses, and synthesizes the evidence, accurately summarizes the investigation, and Party and witness interviews, and provides all relevant evidence. 

The College may require Employees who are witnesses or Parties to participate in an investigation. Students who are witnesses or Parties may decline to participate.

Step Three: Collaborative Evidence Review. Parties have a right to review the evidence and challenge the credibility of the other Party. This is done through a Collaborative Evidence Review process that involves individual meetings between the Parties, Advisors and Evidence Review Facilitator (“Facilitator”). The Facilitator may be the Investigator, E.D. of EOP/Title IX Coordinator, Chief Human Resources Officer or other a neutral, trained designee. 

The Facilitator works with the Parties and the Chair of the Decision Panel (“Panel Chair”) to ensure that each Party has an opportunity to challenge the evidence by posing relevant and permissible questions to the other Party via an indirectly, in meetings with the Facilitator. The Panel Chair also poses question to the Parties in this process to ensure that the record upon which a decision will be made is clear and complete. 

The Collaborative Evidence Review generally adheres to the following format:

Review of Evidence and Proposal of Questions 

  • An electronic copy of the draft Investigation Report4 will be provided to the Facilitator, the Panel Chair, and the Parties and their Advisors. 
  • The Panel Chair will provide to the Facilitator a list of questions for the Parties based on the draft report, including questions designed to evaluate credibility, if relevant.   
  • The Parties and their respective Advisors will have ten (10) business days to review and meaningfully respond to the draft report in writing, to include submitting in writing a proposed list of questions to ask the other Party and any witnesses (“Party-Proposed Questions”). To the extent credibility is in dispute and relevant to one or more of the allegations, Party-Proposed Questions may explore credibility. 
  • Next, the Facilitator will share all Party-Proposed Questions with the Panel Chair, who is responsible for determining whether the questions are relevant and permissible. 
  • Where any Party-Proposed Question is deemed irrelevant, duplicative or otherwise inadmissible, the College will document the rationale for excluding the question. That rationale will be provided to the Parties as an Appendix to the Final Report.

Individual Meetings/First Round of Questions

  • The Facilitator will hold Individual Meetings with the Parties (and witnesses, in some cases) to ask relevant and permissible questions posed by the Chair and Parties. 
  • The Individual meetings will be recorded and transcribed. 
  • Both Parties and their Advisors will receive transcripts, or relevant portions thereof, of their own and the other Party’s Individual Meeting, typically within three (3) business days following the completion of Individual Meetings with all Parties. 
  • The Parties will have five (5) business days to review these recordings or transcripts and propose follow-up questions to be asked of the opposing Party by the Facilitator at a Follow-Up Meeting. Party-Proposed Follow-Up Questions will be reviewed by the Panel Chair and excluded if irrelevant, duplicative or otherwise inadmissible. 

Follow-Up Meeting/Final Questions 

  • To the extent Party-Proposed Follow-Up Questions are relevant and non-duplicative, the Facilitator will hold Follow-Up Meetings with the Parties and Advisors, which will be recorded or transcribed. 
  • This final round of questioning is the last such round permitted, unless leave is granted to extend for good cause in the discretion of the appropriate college administrator.

Final Investigation Report 

A Final Investigation Report will be created, incorporating any new, relevant evidence and information obtained through the Collaborative Evidence Review process. The Parties and Advisors will receive the Final Report, including a rationale for any excluded Party-Proposed Questions and an Appendix including evidence gathered during the Investigation but deemed irrelevant or duplicative.

Step Four: Decision-Making and Sanctions (if applicable). A three-person Panel, led by the Panel Chair, will made factual findings, determine whether a Policy violation occurred and implement proportionate sanctions if applicable. Decisions will be made on the basis of the Final Investigation Report. The decision-making process typically takes approximately ten (10) business days, but this timeframe may vary based on a number of factors and variables. The Parties will be notified of any delays. This phase typically includes the following steps:

  • The Parties will be invited to submit a written Impact and/or Mitigation Statement to the E.D. of EOP/Title IX Coordinator, who will confidentially maintain such Statements until after the Panel has made determinations on the allegations. 
  • The Final Investigation Report and investigation file will be provided to the three-person Panel, including the evidence and information obtained through the Collaborative Evidence Review process. 
  • During deliberations, the full Panel will consider all relevant evidence and make a finding on each allegation based upon a preponderance of the credible evidence.
  • If a Policy violation is found, but before sanctions are determined, the Parties’ Impact and/or Mitigation Statements will be transmitted to the Panel.
  • Within a reasonable period of time following the Panel’s decision, the Parties will receive a written Notice of Outcome simultaneously, or without significant time delay between notifications. The Notice of Outcome will include a finding for each alleged Policy violation; any applicable sanctions that the College is permitted to share pursuant to state or federal law; and a detailed rationale supporting the findings to the extent disclosing that information is permitted by federal or state law. 

The Notice of Outcome will also detail the Parties’ equal rights to appeal, the grounds for appeal, the steps to request an appeal, and the date when the determination is considered final, if neither party appeals. 

Step Five: Appeal.

Any Party may submit a written request for appeal to the E.D. of EOP/Title IX Coordinator within five (5) business days of the delivery of the Notice of Outcome. The Appeal Decision-Maker will have no prior involvement in the Resolution Process for the Complaint at hand, including in any Supportive Measures or Dismissal Appeal that may have been heard earlier in the process.

Appeals are limited to the following grounds:

  1. A procedural irregularity that would change the outcome, including but not limited to clearly erroneous exclusion of relevant evidence;
  2. New evidence that would change the outcome and that was not reasonably available at the time the determination regarding responsibility or dismissal was made;
  3. Conflict of interest or bias for or against Complainants or Respondents generally or the specific Complainant or Respondent that would change the outcome;
  4. The sanctions are disproportionate to the offense, considering the cumulative conduct/disciplinary record of the Respondent (this is applicable to sanctions of suspension, expulsion, or termination, only).

A Request for Appeal must be in writing and clearly describe the asserted grounds. 

The Appeal Decision-Maker will evaluate the Request for Appeal to determine whether it is actionable based upon the available grounds. This is not a review of the merits of the appeal, but solely a determination as to whether the request is filed timely and could reasonably be construed to meet the grounds for appeal. If so, the appeal will be addressed on the merits. All Parties and their Advisors will receive written notification and have five (5) business days to submit a response, if applicable.

In most cases, the merits of an appeal are evaluated based on the written documentation or record of the original finding and any additional documentation relevant to the specific appeal grounds. Appeal decisions are deferential to the original finding. A finding is altered only where there is clear error. Sanction(s)/responsive action(s) are altered only if there is compelling justification to do so. 

An appeal may be granted or denied. Appeals that are granted should normally be remanded (or partially remanded) to the original Investigator(s) and/or Decision-Panel with corrective instructions for reconsideration.

A Notice of Appeal Outcome letter will be sent to all Parties simultaneously, or without significant time delay between notifications. The Appeal Outcome will specify the finding on each ground for appeal, any specific instructions for remand or reconsideration, any sanction(s) that may result which the Recipient is permitted to share according to federal or state law, and the rationale supporting the essential findings to the extent the Recipient is permitted to share under federal or state law. 

Once an appeal is decided, it constitutes the Final Determination. Further appeals are not permitted, even if a decision or sanction is changed on remand. When appeals result in no change to the finding or sanction, that decision is final.


 

1 For Title IX policies and grievance procedures applicable to conduct occurring prior to that date, please see Saint Anselm College Policies on Harassment and Sexual Misconduct (2020). 

2 20 U.S.C. 1232g

3 34 C.F.R. § 99

4 To the extent additional evidence is gathered during the investigation but deemed irrelevant to the draft report, the Parties will have an opportunity to review that evidence and object to its exclusion from the draft report.